1609203 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant, an Indonesian national, a Protection visa. The applicant had arrived in Australia in 2012 and claimed to have left Indonesia due to political reasons and fear for his life, citing his survival of the "Simpang KKA" tragedy in 1999 and subsequent arrests and mistreatment by the Indonesian army on suspicion of assisting the "Gerakan Aceh Merdeka" (GAM). The delegate had refused the visa on the basis that the applicant was not a refugee and there was no real risk of significant harm upon return to Indonesia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa, specifically whether he was a refugee as defined by the Migration Act 1958, or alternatively, whether he was entitled to complementary protection. This required the Tribunal to assess the applicant's claims of past persecution and his fear of future harm in Indonesia, and to determine if such harm was a real and significant consequence of his removal.

The Tribunal considered the applicant's oral evidence and written submissions, which included newspaper articles detailing violence in Aceh in 2012. The Tribunal noted that under s.36(2B) of the Act, there is no real risk of significant harm if it would be reasonable for the applicant to relocate within their country, if protection is available from authorities, or if the risk is faced by the general population and not personally by the applicant. The Tribunal found that Indonesia was the applicant's country of nationality and receiving country. After considering the evidence, the Tribunal concluded that the decision under review should be affirmed.